How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Awan-Legal Your Own Question

Awan-Legal
Awan-Legal, Solicitor
Category: UK Immigration Law
Satisfied Customers: 128
Experience:  Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
60469748
Type Your UK Immigration Law Question Here...
Awan-Legal is online now
A new question is answered every 9 seconds

Immigration application A colleague suspects that one of

Resolved Question:

Immigration application

A colleague suspects that one of her employees may be an illegal immigrant.

The person has worked for her for more than 5 years and is an important member of staff.

If her suspicions are correct I presume she will need to advise the border agency. The problem is that she does not want to loose this member of staff, since his position would be very difficult to replace and this would have a genuine and significant effect on her business.

The person conerened is not married, but has been in the UK for many years and been paying paye & NI for at least the last five years.

any advice much appreciated
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Awan-Legal replied 2 years ago.

Awan-Legal :

Hi

Customer:

Hello

Awan-Legal :

Under the current law, it is a criminal offence to employ an illegal immigrant and she could potentially be liable to a maximum £10,000 fine. It is the employer's duty to check the employment documents now so this could create a problem. I do understand the situation though - it would be worth checking what status she/he has (if any).

Customer:

Ok I think she knows this, but at the same time is concerned about the impact of loosing this employee.

Customer:

Does the fact that he is a valuable employee and would be difficult to replace make any difference to the border agency ? or would the individual just get deported straight away. assuming her suspicions are correct?

Customer:

also is it retrospective requirement to check employees documents, we do this ourselves for new employees, but haven't done so for existing employees (more than say 5 years employment)

Customer:

I need to go off line now but would appreciate your thoughts

Awan-Legal :

My apologies - I was just in a client meeting which started after I messaged you.

Awan-Legal :

The UKBA are very strict on this now and checks are required every 12 months as per the link below:

Awan-Legal :

If the employer has not made any current checks, then if they were apprehended by the UKBA this could place them in serious difficulty unfortunately.

Awan-Legal :

It is unlikely that she could make an application to stay in the UK simply based on her 5 year employment although the full facts of the case and her individual circumstances/background would need to be considered to advise fully on this. If she were by chance eligible to regularise her stay in the UK and make perhaps a human rights application (outside the rules), it would purely be at the discretion of the UKBA to grant it. A good lawyer who is accustomed to dealing with complex human rights applications would help.

Awan-Legal :

However, if she has already overstayed her last visa/been illegal for over 28 days (which is likely to be the case if the suspicions are correct), then the UKBA will not accept her application - which in turn may allow her to make a Judicial Review application to the High Court but this could be very expensive.

Awan-Legal :

The other option is for her to return abroad and make an entry clearance (visa) application from abroad for a Tier 2 visa (like a work permit) but the employer would need to register as a Sponsor for these purposes and apply for her licence. I will forward the link for the process. However, if she has overstayed she would be subject to a minimum one year ban from returning to the UK unfortunately.

Awan-Legal :

I hope that helps. Please provide a positive rating and I would be happy to continue the dialogue.

Awan-Legal, Solicitor
Satisfied Customers: 128
Experience: Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
Awan-Legal and other UK Immigration Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    793
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    782
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/AMARHAYAT/2009-12-11_31638_phpZxJuBB_c2PM.jpg A Hayat's Avatar

    A Hayat

    Immigration Solicitor

    Satisfied Customers:

    205
    13 years specialist skill in UK Immigration & Nationality Law
  • http://ww2.justanswer.com/uploads/paulrichmond1/2010-05-29_112318_PaulRichmond.jpg Paul Richmond's Avatar

    Paul Richmond

    Barrister

    Satisfied Customers:

    114
    LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
  • http://ww2.justanswer.com/uploads/AW/AwanLegal/2011-6-16_113818_DSC00284.64x64.JPG Awan-Legal's Avatar

    Awan-Legal

    Solicitor

    Satisfied Customers:

    95
    Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    19
    solicitor with 8 years experience
 
 
 
Chat Now With A Solicitor
Awan-Legal
Awan-Legal
Solicitor
95 Satisfied Customers
Specialist in immigration law with the highest level of accreditation in this area and with many years experience.